Chandrasekaran, In the matter of an application for leave to issue or file

This matter concerned an ex parte application by Sujatha Chandrasekaran to the High Court of Australia for leave to issue or file an application seeking an order under section 40 of the Judiciary Act 1903 (Cth). The purpose of the proposed application was to remove a cause, identified as 2020/358169, from the Supreme Court of New South Wales into the High Court. The respondents in the underlying Supreme Court proceeding were the Chief, Australian Defence Force, Dr Bruce Boman, and the Commonwealth of Australia.

The legal issue before the High Court was whether to grant leave for the applicant to issue or file her application for the removal of the Supreme Court proceeding. This required the Court to consider the grounds upon which the removal was sought and whether they substantiated a sufficient cause for such removal. The Court was also required to determine the application without an oral hearing, as directed by the rules.

The Court, applying rules 6.07.2 and 13.03.1 of the High Court Rules 2004 (Cth), determined that the application for leave should be decided without an oral hearing. Upon reviewing the applicant's affidavit and annexed exhibit, which contained her submissions, the Court found that the grounds for removal were unsubstantiated, scandalous, frivolous, or vexatious. Consequently, the Court concluded that the removal application did not identify any sufficient cause for the proceeding to be transferred to the High Court. The ex parte application for leave to issue or file the application for removal was therefore refused.